The Limitations of Consent as a Legal Basis for Data Processing in the Digital Society


Paper by the Centre for Information Policy Leadership: “Contemporary everyday life is increasingly permeated by digital information, whether by creating, consuming or depending on it. Most of our professional and private lives now rely to a large degree on digital interactions. As a result, access to and the use of data, and in particular personal data, are key elements and drivers of the digital economy and society. This has brought us to a significant inflection point on the issue of legitimising the processing of personal data in the wide range of contexts that are essential to our data-driven, AI-enabled digital products and services. The time has come to seriously re-consider the status of consent as a privileged legal basis and to consider alternatives that are better suited for a wide range of essential data processing contexts. The most prominent among these alternatives are the “legitimate interest” and “contractual necessity” legal bases, which have found an equivalent in a number of jurisdictions. One example is Singapore, where revisions to their data protection framework include a legitimate interest exemption…(More)”.